Patna High Court
Subal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail.
Summary
The petitioner, Subal Kumar, was arrested on charges of kidnapping a girl under Sections 96 and 3(5) of the Indian Penal Code and Sections 8 and 12 of the POCSO Act. The prosecution alleged that he abducted the victim, while the victim later stated she had eloped and married the petitioner. The petitioner applied for regular bail, claiming innocence and having been in custody since 8 January 2026. The State opposed the bail application. After reviewing the victim's statement and the case records, the Court found no sufficient ground to deny bail. Consequently, the Court granted regular bail on the condition of a cash bond and two sureties.
Issues considered
- Whether regular bail should be granted to the accused in a kidnapping and POCSO case where the victim alleges she eloped and married the accused.
Legislation cited
- Indian Penal Code — s. 3(5), 96
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- regular bail
- kidnapping
- POCSO Act
- elopement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15485 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- RAJAON District- Banka
======================================================
Subal Kumar S/o- Badri Harijan @ Badri Das Village- Chhoti Jankipur, P.S-
Amarpur, District- Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXX W/o- YYY R/v- Hartora Ps- Nawada Bazar, O.P Dist- Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Anand
For the Opposite Party/s : Mr. Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Rajoun (Nawada Bazar O.P.) P.S. Case No. 327 of 2025
registered for the offence under Section(s) 96/3(5) of the Indian
Penal Code and Section 8/12 of the POCSO Act.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 08.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
Patna High Court CR. MISC. No.15485 of 2026(2) dt.16-03-2026
2/2
6. I have considered the submissions of the parties and
have gone through the records of the case. The victim girl in her
statement has said that she had eloped with the petitioner and
got married to him.
7. In view of the above, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Rajoun (Nawada
Bazar O.P.) P.S. Case No. 327 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
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